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Disturbing Facts on America’s Nursing Homes

Chhabra & Gibbs, P.A. > Blog  > Disturbing Facts on America’s Nursing Homes

Disturbing Facts on America’s Nursing Homes

Disturbing

Disturbing Facts on America’s Nursing Homes, sourced from a recent CNN Article on SICK, DYING AND RAPED IN AMERICA’S NURSING HOMES.

Disturbing facts: Some of the victims can’t speak. They rely on walkers and wheelchairs to leave their beds. They have been robbed of their memories. They come to nursing homes to be cared for.

Instead, they are sexually assaulted.

The unthinkable is happening at facilities throughout the country: Vulnerable seniors are being raped and sexually abused by the very people paid to care for them.

It’s impossible to know just how many victims are out there. But through an exclusive analysis of state and federal data and interviews with experts, regulators and the families of victims, CNN has found that this little-discussed issue is more widespread than anyone would imagine.

Even more disturbing: In many cases, nursing homes and the government officials who oversee them are doing little — or nothing — to stop it.

Sometimes pure — and even willful — negligence is at work. In other instances, nursing home employees and administrators are hamstrung in their efforts to protect victims who can’t remember exactly what happened to them or even identify their perpetrators.

In cases reviewed by CNN, victims and their families were failed at every stage. Nursing homes were slow to investigate and report allegations because of a reluctance to believe the accusations — or a desire to hide them. Police viewed the claims as unlikely at the outset, dismissing potential victims because of failing memories or jumbled allegations. And because of the high bar set for substantiating abuse, state regulators failed to flag patterns of repeated allegations against a single caregiver.

It’s these systemic failures that make it especially hard for victims to get justice — and even easier for perpetrators to get away with their crimes.

Despite the litany of abuses detailed in government reports, there is no comprehensive, national data on how many cases of sexual abuse have been reported in facilities housing the elderly.

State health investigators examine all types of abuse reported at nursing homes and assisted living facilities, whether reported by the facilities or flagged by complaints to the state from witnesses, family members or victims. In the case of nursing homes, state officials typically conduct these investigations, as well as routine inspections, on behalf of the federal Centers for Medicare & Medicaid Services, which regulates the more than 15,000 facilities that receive government reimbursements that pay for many residents’ care. Both state health agencies and the federal government then use the information to rate facilities and issue financial penalties for the worst offenders.

More than 16,000 complaints of sexual abuse have been reported since 2000 in long-term care facilities (which include both nursing homes and assisted living facilities),according to federal data housed by the Administration for Community Living. But agency officials warned that this figure doesn’t capture everything — only those cases in which state long-term care ombudsmen (who act as advocates for facility residents) were somehow involved in resolving the complaints.

The Centers for Medicare & Medicaid Services lumps sexual allegations into a category that includes all kinds of abuse, such as physical or financial. The agency said this is because it takes all forms of abuse seriously. When asked by CNN, the agency conducted a specialized search using sex-related keywords. But because not every case was sexual in nature, CNN had to review each case individually to filter out any irrelevant citations.

The reports show that 226 nursing homes have been cited for failing to protect residents from instances in which sexual abuse was substantiated between 2010 and 2015. Of these cases, around 60% resulted in fines, which totaled more than $9 million — though only 16 facilities were permanently cut off from Medicare and Medicaid funding. (Because the federal government only regulates nursing homes, this analysis did not include assisted living facilities.)

But these statistics only tell a small part of the story because they fail to capture the many instances in which nursing homes have been cited for mishandling allegations of sexual abuse in other ways — ranging from botched investigations to cover-ups.

Using inspection reports filed between 2013 and 2016 and a similar sex-related keyword search, CNN conducted its own detailed analysis.

The result: CNN exclusively found that the federal government has cited more than 1,000 nursing homes for mishandling or failing to prevent alleged cases of rape, sexual assault and sexual abuse at their facilities during this period. (This includes some of the cases provided by the Centers for Medicare & Medicaid Services.) And nearly 100 of these facilities have been cited multiple times during the same period.

Complaints and allegations that don’t result in a citation, which the government calls a “deficiency,” aren’t included in these Medicare reports. In addition, national studies have found that a large percentage of rape victims typically never report their assaults. So these numbers likely represent only a fraction of the alleged sexual abuse incidents in nursing homes nationwide.

If you have a loved one that has been affected by nursing home neglect or abuse, contact an attorney immediately by calling us at 601-948-8005, or by using the contact form or live chat on our website. There is no fee to discuss your case. You can go to our Nursing Home Neglect and Abuse section of our website to learn more.

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